Construction

of Harbour,

Dock, or Pier.

to the Sheriff, for the Correction thereof; and if it appear to such Justices or Sheriff that such Omission, Mis-statement, or wrong Description arose from Mistake, they shall certify the same accordingly, and they shall in such Certificate state the Particulars of any such Omission, Mis-statement, or wrong Description; and such Certificate shall, along with the other Certificate to Documents to which it relates, be deposited, in England and be deposited. Ireland, with the Clerk of the Peace of the several Counties in which the Lands affected by such Alteration are situate, and in Scotland with the Sheriff Clerk of such Counties and with the Schoolmasters of the several Parishes in which such Lands are situate, and with the Town Clerk if such Lands be situate in a Royal Burgh; and thereupon such Plan, Book of Reference, or Schedule shall be deemed to be corrected according to such Certificate; and the Undertakers may make the Works in accordance with such Certificate, as if such Omission, Misstatement, or wrong Description had not been made.

have been

deposited.

VIII. The Undertakers shall not commence the Execution Works not to of the Harbour, Dock, or Pier unless they shall have pre- be proctal Plans be proceeded viously deposited with the said Clerks of the Peace in England of all Alteraand Ireland, and with the Sheriff Clerk in Scotland, of every tions authorized County in which the Harbour, Dock, or Pier is situate, a Plan by Parliament and Section of all such Alterations from the original Plan and Section as shall have been approved of by Parliament, on the same Scale, and containing the same Particulars as the original Plan and Section, and shall also have deposited with the Parish Clerks of the several Parishes in England, and the Clerks of the Unions of the Parishes in Ireland, and the Schoolmasters of the several Parishes and the Town Clerk of any Royal Burgh in Scotland in which such Alterations shall have been authorized to be made, Copies or Extracts of or from such Plans and Sections as shall relate to such Parishes and Royal Burghs respectively.

receive Plans

and allow Inspection.

IX. The said Clerks of the Peace, Sheriff Clerks, Parish Clerks of the Clerks, Clerks of Unions, Schoolmasters, and Town Clerks shall Peace, &c. to receive the said Plans and Sections of Alterations, and Copies of Alterations and Extracts thereof respectively, and shall retain the same as well as the said original Plans and Sections, and shall permit all Persons interested to inspect any of the Documents aforesaid, and to make Copies and Extracts of and from the same, in the like Manner and upon the like Terms, and under the like Penalty for Default, as is provided in the Case of the original Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks 7 W. 4. & of the Peace for Counties and other Persons to take the Custody 1 Vict. c. 83. of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.

X. True Copies of the said Plans and Books of Reference, Copies of or of any Alteration or Correction thereof, or Extract there- Plans, &c. to from, certified by any such Clerk of the Peace or Sheriff Clerk, be Evidence. which Certificate such Clerk shall give to all Parties interested

[No. 20. Price 2d.]

U

when

Construction

of Harbour,

Dock, or Pier.

No Deviation beyond the

Limits defined upon Plans.

Works on the Shore of the Sea, &c., not to be constructed without the Authority of the Commissioners

of Woods, &c. and of the .Admiralty.

Before Alterations in Plans are executed, to be approved

when required, shall be received in all Courts of Justice or elsewhere as Evidence of the Contents thereof.

XI. The Undertakers in making the Harbour, Dock, or Pier shall not deviate from the Line of the Works laid down in the said Plans more than the prescribed Number of Yards, and where no Number of Yards is prescribed not more than Ten Yards, nor in any Case to any greater Extent than the Line of lateral Deviation described in the said Plans with respect to such Harbour, Dock, or Pier, nor take or use for the Purpose of such Deviation the Lands of any Person not mentioned in the Books of Reference, without his previous Consent in Writing, unless the Name of such Person have been omitted by Mistake, and the Fact that such Omission proceeded from Mistake have been certified in manner herein-before provided.

XII. The Undertakers shall not construct the Harbour, Dock, or Pier, or any Part thereof, or any Works connected therewith, on any Part of the Shore of the Sea, or of any Creek, Bay, Arm of the Sea, or navigable River communicating therewith, where and so far up the same as the Tide flows and reflows, without the previous Consent of Her Majesty, Her Heirs and Successors, to be signified in Writing under the Hands of Two of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and of the Lords of the Admiralty, to be signified in Writing under the Hand of the Secretary of the Admiralty, and then only according to such Plan and under such Restrictions and Regulations as the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and the said Lords of the Admiralty approve of, such Approval being signified as last aforesaid; and where any such Work shall have been constructed with such Consent as aforesaid, the Undertakers shall not at any Time alter or extend the same, without obtaining, previously to making any such Alteration or Extension, the like Consents or Approvals; and if any such Work shall be commenced or completed without such Consent and Approval, the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or the said Lords of the Admiralty, may abate and remove the same, and restore the Site thereof to its former Condition, at the Costs of the Undertakers, and the Amount of such Costs shall be a Debt due to the Crown, and recoverable. against the Undertakers accordingly: Provided always, that if the Conservancy of the navigable River shall legally belong to any Person the like Consent and Approval of such Person shall also be necessary, in addition to the Consents and Approvals herein-before required; and if the Right of Property of or in the Shore shall legally belong to any Person, such Right shall not be prejudiced except so far as Power to purchase the same shall be given by the special Act.

XIII. If the Undertakers propose to make any Deviations from or Alterations in the Plans of their Works, deposited as aforesaid, they shall, before adopting and carrying such Devi

Commissioners

ations or Alterations into execution, submit the Plans thereof of by the Adto the Lords of the Admiralty, and also to the said Commis- miralty and the sioners of Her Majesty's Woods, Forests, Land Revenues, of Woods, &c. Works, and Buildings; and no Deviations from or Alterations in the deposited Plans shall be adopted by the Undertakers unless approved by the Lords of the Admiralty or the said Commissioners respectively, signified in manner aforesaid, or otherwise as they shall think proper.

for Custom

And with respect to the Construction of Works for the Accommodation Accommodation of the Officers of Customs, be it enacted as follows:

XIV. The Undertakers, before they shall be entitled to take any Rates in respect of the Harbour, Dock, or Pier, if required so to do by the Commissioners of Her Majesty's Customs, or at any Time thereafter when so required, shall erect on a suitable Spot within or near the Harbour, Dock, or Pier, to be approved of by the said Commissioners, and always thereafter maintain, a Watch-house and Boat-house for the Use of the Tide Surveyors of the Customs and their Crew, of such Size and Materials and in such Manner as shall be approved of by the said Commissioners, and shall also, to the Satisfaction of the said Commissioners, provide from Time to Time a sufficient Number of Huts for the Use of the Officers of Revenue, with all fit and necessary Weighing Materials; and shall at all Times keep such Watch-house, Boat-house, Huts, and Weighing Materials in good and sufficient Repair.

House Officers.

Undertakers to erect WatchBoat-house for Custom House Officers, and keep the same

house and

in repair.

Undertakers

XV. If at any Time such Watch-house or Boat-house or such Penalty on Huts or Weighing Materials shall be out of repair, or not pro- neglecting to vided as required by the said Commissioners, and Notice thereof repair Watchbe given to the Undertakers, they shall repair or provide the house, &c. same to the Satisfaction of the said Commissioners within Three Months after such Notice, or in default thereof shall forfeit the Sum of One hundred Pounds for every Month during which such Watch-house, Boat-house, Huts, or Weighing Materials shall continue out of repair or be not provided, such Penalty to be recovered in any of the Superior Courts against the Undertakers as a Debt due to the Crown, and to be sued for by any Officer of Customs, by the Direction of the said Commis

sioners.

Life-boats.

And with respect to Life-boats, be it enacted as follows: XVI. Unless it be provided by the special Act that the Life-boats, &c. Undertakers need not provide Life-boats, the Undertakers, be- to be provided by Undertakers. fore they shall be entitled to take any Rates in respect of the Harbour, Dock, or Pier, shall provide and always thereafter maintain in good Repair an efficient and well-appointed Lifeboat, a Manby's Mortar, and a sufficient Supply of Carte's Rockets, or such other Mortar and Rockets as the Lords of the Admiralty, by Writing under the Hand of the Secretary of the Admiralty, shall approve of, with all necessary Tackle, and a U 2 competent

Life-boats.

Penalty for not providing Lifeboat, &c.

Tide Gauge, &c.

A self-register

and Barometer

competent Crew and proper Persons for the effectual Working thereof for the Assistance and Succour of Vessels in distress; and the Undertakers shall cause such Life-boat, Mortar, and Rockets to be stationed at or upon the most advanced Works of the Harbour, Dock, or Pier, or such other Place as the Lords of the Admiralty shall approve of as aforesaid, and to be used on all necessary Occasions.

XVII. The Undertakers shall be liable to a Penalty not exceeding Two Pounds for every Twenty-four Hours during which the said Life-boat, Mortar, and Rockets, or any of them, or the Tackle belonging thereto, shall not be provided or maintained and stationed as aforesaid.

And with respect to keeping a Tide and Weather Gauge, be it enacted as follows:

XVIII. Unless it be provided by the special Act that the ing Tide Gauge Undertakers need not provide a Tide or Weather Gauge, the to be provided Undertakers, before they shall be entitled to take any Rates in by Undertakers. respect of the Harbour, Dock, or Pier, shall provide, and always

Penalty for not

providing Tide Gauge, &c.

Warehouses and
Cranes.

Power to purchase additional Land required for extraordinary Purposes.

thereafter maintain in good Repair and working Order, in a proper Part of the Harbour, Dock, or Pier, and in such Manner as the Lords of the Admiralty shall by Writing under the Hand of the Secretary of the Admiralty approve of, an efficient selfregistering Tide Gauge, with a Barometer, and they shall cause the daily Working and Results of the said Tide Gauge and Barometer, and a daily Account of the State of the Wind and Weather, to be regularly and properly kept, and shall cause the full and true Results and Details thereof to be sent monthly to the Secretary of the Admiralty.

XIX. The Undertakers shall be liable to a Penalty not exceeding Two Pounds for every Twenty-four Hours during which the said self-registering Tide Gauge and Barometer shall not be provided or maintained, or such Account of the Wind and Weather shall not be kept as aforesaid; and they shall be liable to a Penalty not exceeding Ten Pounds for each Month they shall neglect or refuse to send as aforesaid to the Secretary of the Admiralty a full and true Account of the daily Workings of the said Tide Gauge and Barometer, and of the daily State of the Wind and Weather.

And with respect to the Construction of Warehouses, Wharfs, and other Conveniences, be it enacted as follows:

XX. The Undertakers, in addition to the Lands authorized to be compulsorily taken by them under the Powers of the special Act, may contract with any Party willing to sell the same for the Purchase of any Lands adjoining or near to the Undertaking for extraordinary Purposes; (that is to say,) For making and providing additional Yards, Wharfs, and Places for receiving, depositing, and loading or unloading Goods, and for the Erection of Weighing Machines, Toll Houses, Offices, Warehouses, Sheds, and other Buildings and Conveniences:

For

Warehouses

and Cranes.

houses and

For making convenient Roads to the Harbour, Dock, or Pier, or any other Purpose which may be requisite or convenient for the Formation or Use thereof. XXI. The Undertakers may, as well upon the said Lands Power to conas upon any other Lands acquired by them under the Provisions struct Wareof this and the special Act, construct such Warehouses, Store- other Works. houses, Sheds, and other Buildings and Works as they may deem necessary for the Accommodation of Goods shipped or unshipped within the Harbour, Dock, or Pier, and may erect or provide such Cranes, Weighing and other Machines, Conveniences, Weights, and Measures as they think necessary for loading, unloading, measuring, and weighing such Goods.

XXII. The Undertakers or their Lessees shall provide proper Servants and Labourers for working such Cranes at all reasonable Times for the Use of the Public.

XXIII. The Undertakers may lease or grant the Use or Occupation of any Warehouses, Buildings, Wharfs, Yards, Cranes, Machines, or other Conveniences provided by them for the Purposes of this or the special Act, at such Rents and upon such Terms and Conditions as shall be agreed upon between the Undertakers and the Persons taking the same, provided that no such Lease be granted for a longer Term than Three Years.

Undertakers to hire Persons to

work Cranes.

Power to lease houses, &c.

Wharfs, Ware

the Treasury,

&c.

XXIV. And with respect to the Quays, be it enacted, That Legal Quays to the Quays of the Harbour, Dock, or Pier shall not be deemed be approved by to be legal Quays for the shipping and unshipping of Goods until the same have been approved of by the Commissioners of Her Majesty's Treasury and the Commissioners of Her Majesty's Customs respectively for that Purpose; and such Quays, and the Use thereof, shall be subject to all the same Rules, Regulations, and Restrictions to which legal or lawful Quays are or may be by Law subject.

And with respect to the Rates to be taken by the Undertakers, be it enacted as follows:

Rules.

the Works

XXV. Except where it is otherwise provided by the special Rates not to Act the Undertakers shall not take any Rate until the Harbour, be taken until Dock, or Pier in respect of the Use of which the same is pay- shall be com able is completed and fit for the Reception of Vessels, or other pleted. the Purpose for which the same is intended.

be Evidence

XXVI. A Certificate under the Hand of the Chairman of Certificate of the Quarter Sessions in England or Ireland, and of the Sheriff Magistrate to in Scotland, shall be conclusive Evidence that the Harbour, that the Har Dock, or Pier is completed and fit for the Reception of Vessels, bour, &c. is or other the Purpose intended, and such Chairman or Sheriff completed. shall sign such Certificate on Proof being adduced to him of such Completion and Fitness.

tered Vessels to

XXVII. For the Purpose of ascertaining the Tonnage Rates Tonnage of payable upon Vessels under this or the special Act, the Tonnage British regis of British Vessels duly registered according to Law shall be be ascertained ascertained according to the certified Tonnage in the Register according to of such Vessels, and the Tonnage of all other Vessels shall be Law; of other U 3 ascertained

Vessels accord